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Remedies at law are typically monetary compensations awarded by a court whereas remedies in equity are non-monetary remedies such as injunctions, specific performance, or rescission. Remedies at law focus on providing monetary relief for damages caused, while remedies in equity seek to enforce fairness and remedies beyond mere money damages. In some legal systems, there is a distinction between the two types of remedies, with historical roots in English common law.
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What has the author Edward Domenic Re written?
Edward Domenic Re has written: 'Selected essays on equity' -- subject(s): Equity 'Foreign confiscations in Anglo-American law' -- subject(s): Confiscations, Conflict of laws 'Cases and materials on equity and equitable remedies' -- subject(s): Cases, Equitable remedies, Equity '1984 Supplement to Cases and materials on remedies' 'Teachers' manual to accompany cases and materials on remedies' 'Remedies' -- subject(s): Cases, Equitable remedies, Equity 'Appellate opinion writing' -- subject(s): Appellate procedure, Judicial opinions
Identify and describe remedies available in equity?
identify and describe remedies availagle in equity
When common law and equity conflicts what prevails what is the historical reson?
In cases where common law and equity conflict, equity prevails. This principle was established to ensure fairness and justice in legal disputes. It originated from the historical separation between courts of law and courts of equity in England, where equity developed to provide remedies when the strict application of common law would lead to injustice.
Discuss equity as a source of law?
Courts in Britain sat either in law or in equity. Courts in the United States frequently have both types of status or power. Legal remedies are essentially monetary in nature. Equitable remedies ordinarily require action instead of money. For instance, an injunction or temporary restraining order is an equitable remedy.
In law and equity what cases does their power extend?
In law, the power extends to cases involving the enforcement of statutory rights and obligations, such as contracts, torts, and criminal matters. In equity, the power extends to cases where legal remedies are insufficient, focusing on fairness and justice, such as specific performance, injunctions, and equitable estoppel. Courts of equity can provide remedies that are more flexible and tailored to individual circumstances. Together, law and equity ensure a comprehensive approach to justice, addressing both strict legal rights and equitable considerations.
What has the author B M Gandhi written?
B. M. Gandhi has written: 'Hindu law' 'Equity, trust, and specific relief' -- subject(s): Trusts and trustees, Equitable remedies, Equity 'Law of tort' -- subject(s): Torts
How was equity introduced into law?
Equity was introduced into law as a response to the rigidities and shortcomings of common law in medieval England. When individuals sought remedies that common law could not provide, they petitioned the king for justice, leading to the establishment of the Court of Chancery. This court applied principles of fairness and moral justice, allowing for more flexible remedies such as injunctions and specific performance. Over time, equity became a distinct body of law that complemented common law, addressing issues of fairness and providing relief in cases where strict legal rules were inadequate.
When and who introduced remedies for breach of contract?
The answer to this question may vary depending on your jurisdiction. In general, at common law, breach of contract remedies come in two flavor: legal, and equitable. Equitable remedies evolved through the Courts of Equity (shock!) in England; legal through the Courts of Law. To grossly oversimplify, the court of law is based upon the written laws and statutes; the courts of equity, on what is "fair." The remedies were introduced over literally hundreds of years by a number of legislative bodies and courts. By comparison, most states in the United States provided breach of contract remedies in their statutes. You can actually look up each statute and see who introduced it, and when.
What is equity law where did it come from?
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
What is the doctrine of equity in received law?
The doctrine of equity in the received law refers to the principles of fairness and justice that supplement strict legal rules. It allows courts to consider individual circumstances and provide remedies that are not available through common law. This doctrine aims to prevent injustice and ensure a fair resolution of disputes.
What has the author Dan B Dobbs written?
Dan B. Dobbs has written: 'Dobbs Law of Remedies' -- subject(s): Remedies (Law) '1990 supplement to Torts and compensation' 'The Law of Torts (Practitioner Treatise) (Practitioner's Treatise Series)' 'Law of remedies' -- subject(s): Remedies (Law) 'Problems in remedies' -- subject(s): Remedies (Law) 'Problems in Remedies' 'Hornbook on the Law of Torts'
What are four remedies that equity provide?
The four remedies that equity provide are injunction, specified performance, rectification, and rescission. These deal with prohibiting people from doing things, and making things right.
